Thomas Drake of Nether Broughton 1879 Will
Leicestershire, Leicester and Rutland Archives DE 462/22
This is the last Will and Testament of me Thomas Drake of Nether Broughton in the County of Leicester Farmer
I give and devise all my real and personal estate unto my nephew William Jones Martin, my son Thomas Drake and my daughter Emma Drake and the survivors and survivor of them (hereinafter called my Trustees or Trustee) and their heirs upon the trusts following that is to say
Upon trust to pay the rents of my real estate to my dear Wife and to permit her to have the enjoyment of the residue of my personal estate after payment of my debts funeral and testamentary expenses for and during the term of her natural life if she shall so long continue my Widow and I authorize and request my Trustees or Trustee to continue the employment of my capital in the farm which I occupy at Nether Broughton aforesaid And I trust my Landlady Mrs Sarah Trueman or her Devisees will permit my said Wife to occupy the said farm during her life or widowhood, and my said Son and Daughter to become tenants thereof at her death or marriage again And it is my earnest desire that my said Wife and son and daughter should continue to live together after my decease, and that my said Son should receive Eighteen pounds per annum and my said daughter Nine pounds per annum as wages during the life or widowhood of my said Wife
And I direct an Inventory and Valuation to be made as soon as convenient after my death of all my live and dead stock and implements of husbandry and of all my household furniture and effects which Inventory I direct shall remain in the hands of my Trustees or Trustee until the death or marriage again of my said Wife And from and after the death or marriage again of my said Wife I give and devise all my said real estate unto and to the use of my said Son Thomas and daughter Emma their heirs and assigns for ever in equal moieties as tenants in common and I give and bequeath all my said personal estate and effects whatsoever and wheresoever and of what nature or kind soever subject to the payment thereout of the legacies hereinafter mentioned unto my said Son and daughter equally to be divided between them share and share alike And I direct that the share of each of them my said Son and daughter of and in my said personal estate and effects shall vest in each of them immediately after my death
And I give and bequeath the sum of Five pounds each to my four Grandchildren Mary Elizabeth, William Harry, Alice Maria, and Frederick William the children of my deceased Son Henry Drake And I direct my said Son and daughter to invest the same on good security and to pay the same and all accumulations of interest to each on his or her attaining the age of Twenty one years or at an earlier period if my said Son and daughter or the survivor of them in their his or her discretion shall think fit And in the event of any of my said Grandchildren dying under the age of Twenty one years then I give and bequeath the legacy or him or her so dying and all accumulations of interest if any Unto and equally amongst the survivors or survivor of them share and share alike
I appoint the said William Jones Martin, Thomas Drake and Emma Drake Executors and Executrix of this my Will And I hereby revoke all former Wills by me heretofore made
In Witness whereof I have hereunto set my hand this Twentieth day of April One thousand eight hundred and seventy five
Thomas Drake
Signed and Declared by the said Thomas Drake the Testator as and for his last Will and Testament in the presence of us, who in his presence, at his request, and in the presence of each other, present at the same time, have hereunto subscribed our names as Witnesses hereto
John Gee
George Rose
Clerks to Mr Oldham Solr Melton Mowbray
I Thomas Drake of Nether Broughton in the County of Leicester Farmer, declare this to be a Codicil to my last Will dated the Twentieth day of April, One thousand eight hundred and seventy five
I give and bequeath the Legacy or sum of Fifty pounds to my daughter Louisa Pye, the Wife of William Henry Pye of Doncaster Farm Bailiff for her own absolute use and benefit and I direct my Trustees named in my said Will to pay this Legacy out of monies arising from my said personal estate within six calendar months after my Wife’s death or second marriage
And in all other respects I confirm my said Will
In Witness whereof I have hereunto set my hand this Sixth day of February One thousand eight hundred and seventy seven
Thomas Drake
Signed and acknowledged by the above named Thomas Drake as and for a Codicil to his last Will and Testament in the presence of us, present at the same time, who in his presence, and in the presence of each other, have hereunto subscribed our names as Witnesses
Edwin G Minns
Alfred A Stanger
Clerks to Mr Oldham Solr Melton Mowbray
Proved at Leicester with a Codicil on the Second day of June 1879 by the Oaths of Thomas Drake the Son and Emma Drake Spinster the Daughter two of the Executors named in the Will to whom administration was granted Power being reserved of making the like Grant to William Jones Martin the Nephew the Other Executor named in the said Will
The Testator Thomas Drake was late of Nether Broughton in the County of Leicester Farmer and died on the Seventh day of March 1879 at Nether Broughton aforesaid
Under £450